Check out this story by JD Morris (“PG&E renews push to avoid strict liability for 2017, 2018 fires“) in the San Francisco Chronicle, about the recent (and ongoing) California wildfires, and the issue of what has been called the “unusual,” “unique,” and “so-called” doctrine of inverse condemnation in that state’s courts.
Hawaii Pretext Case At Center In New IJ Cert Petition: Actual Reason For Taking Trumps Stated Reason
Here’s the cert petition in a case we’ve been following since it was decided in the property owner’s favor by the Colorado Court of Appeals.
In Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc., 444 P.3d 802 (Colo. App. 2017), the court invalidated an attempt to exercise eminent domain to take property which
Hot Take On The Maui Clean Water Act Arguments (Protip: ARRIVE EARLY)
Road Trip SCOTUS: Maui Clean Water Act Oral Arguments (11/6/2019)
We’re on the road early tomorrow for another visit to SCOTUS with our William and Mary Law School class. We hope to get in for the arguments in the Maui Clean Water Act case. Last year, we attended the first Knick arguments in October, and we wanted to repeat the experience for this year’s
Connecticut: “Hardship” For Variances Means Inverse Condemnation
We think the Connecticut Supreme Court’s opinion in Mayer-Whitman v. Zoning Board of Appeals, No. SC 19972 (Nov. 5, 2019) is worth a read, even if it does not break new ground, because it does a good job of explaining some basic principles.
Quick story: Breunich had a house. It didn’t conform to height
Register Now! ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Nashville, Jan 23-25, 2020)
Registration underway, so come join us! Agenda full of hot topics in takings and appraisal law! The best national faculty! Renew friendships, and make new colleagues! And Nashville!
Download the brochure and make your plans for January. (Don’t wait, we’ve sold out the past three years.)
A Permanent Memorial To Romaine Tenney, Vermont Eminent Domain Victim
Dad was from upstate New York. More correctly, a town literally in both New York and Vermont (the state line runs right through the middle of the burg). His mother’s family were old time rural Vermonters, and he shared many of the stereotypical traits of his people – solid, self-reliant, taciturn. Many questions answered solely
New (Judicial Takings!) Cert Petition: NY Court Took Property When It Disallowed Deregulation Of Luxury Rent Controlled Apartments
Here’s a two-fer that covers very difficult and unsettled subjects in takings law: judicial takings and rent control.
In this cert petition, New York property owners assert that the New York Court of Appeals (the state’s highest court for those of you who do not watch Law & Order (dun-dun)), took private
CA10: SWAT Attack On Home Where Shoplifting Suspect Holed Up Isn’t A Taking
We’re back again at that supposed distinction between the police power and the eminent domain power, which reminds us of that old tale about President Lyndon Johnson:
After reviewing a contingent of Viet Nam-bound Marines in California, Lyndon Johnson strode purposefully toward what he thought was his helicopter. “That’s your helicopter over there, sir,”
Citizens Sue Maui Mayor (Finally) To Force Him To Settle SCOTUS Clean Water Act Case – But Is It Too Late To Scuttle The Arguments?
Here’s the other shoe that we’ve been waiting to drop.
Recall that in our last post on the pending Clean Water Act case (SCOTUS oral arguments scheduled for November 6, 2019 – yeah, as in one week from tomorrow), we suspected that a declaratory judgment action would be filed in a Hawaii state